In his declaration filed at the High Court, Mwandira
through his lawyer Mr Arshiel Mugiya cited.
Jacaranda Media Group (PVT) Ltd, a United Kingdom based
company that is also registered in Zimbabwe as the 1st defendant, Distrohive
Digital Music (PVT) LTD a United Kingdom based company that is registered and
based in Zimbabwe as the 2nd defendant.
The 3rd and 4th defendants are shareholders and directors
in the in the 1st and 2nd defendants.
According to the plaintiff’s declaration, sometime in
January 2019, Mwandira entered into a contract with 1st and 2nd
defendants who were represented by 3rd and 4th defendants the contracts were
music distribution agreements.
The material terms of the contracts were that the plaintiff
a musician granted 1st and 2nd defendants exclusive rights to distribute his
music and artistic work in various online platforms but Mwandira would retain ownership
and copyrights to the music.
“The 1st and 2nd defendants would collect royalties paid
when the music is played and downloaded on the internet platform and the
parties were to share proceeds with the plaintiff retaining 70 percent whilst
1st and 2nd defendants would receive 30 percent of the proceeds, reads
Mwandira’s declaration.
In pursuance of the contracts, 1st and 2nd defendants
uploaded several albums and singles.
The music was uploaded on internet platforms and royalties
were directly deposited into the 3rd and 4th defendants and they allegedly
recieved in excess of US$16 000 and did not remit a single cent to the
plaintiff.
“The plaintiff consequently suffered financial prejudice in
the sum of US$10 500 reads the declaration.
The plaintiff tried to engage the 3rd and 4th defendants
who denied owing him anything and were dismissive of his various requests for
them to take down his music from the internet.
“The defendants have failed to perform their obligation in
terms of the agreement and have committed breach that goes to the root of the
contract hence plaintiff is entitled to cancellation.
“Wherefore plaintiff herein claims against the defendants
jointly a sum of US$10 500,” reads Mwandira’s declaration. Herald
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